(1) In this section: emergency has the same meaning as in theand includes the actual or imminent occurrence of an animal or plant disease or animal or plant pest. State Emergency and Rescue Management Act 1989
(1) The Minister may delegate to an authorised person any of the Minister’s functions under this Act, other than this power of delegation.
(1) For the purposes of this Part, native vegetation means any of the following types of plants native to New South Wales:
(a) trees (including any sapling or shrub or any scrub), (b) understorey plants, (c) groundcover (being any type of herbaceous vegetation), (d) plants occurring in a wetland.
(1) This section applies to an area of the State to which this Part applies during the period from the commencement of this Part until the area has been designated on a native vegetation regulatory map (the transitional period ).(2) For the purposes of this Part, the area is taken, during the transitional period, to be:
(a) category 1-exempt land, if this Part requires the land to be designated as category 1-exempt land on the native vegetation regulatory map, or (b) category 2-regulated land, if this Part requires the land to be designated as category 2-regulated land on the native vegetation regulatory map (except as provided by paragraph (c)), or (c) category 2-vulnerable regulated land, if the land is designated on a transitional native vegetation regulatory map published by the Environment Agency Head as steep or highly erodible land, as protected riparian land or as special category land.
(1) The Environment Agency Head is responsible for preparing and publishing native vegetation regulatory maps under this Part.
(1) Land is to be designated as category 1-exempt land if the Environment Agency Head reasonably believes that:
(a) the land was cleared of native vegetation as at 1 January 1990, or (b) the land was lawfully cleared of native vegetation between 1 January 1990 and the commencement of this Part.
(1) This section makes provision relating to the mapping of land under this Division as category 1-exempt land or category 2-regulated land.
(1) Re-categorisation of land is the preparation and publication of a native vegetation regulatory map in accordance with this Part for any of the following purposes:
(a) the designation of land that is designated on a published map as one category to another category, (b) the designation of land that is not designated as any category on a published map as land of a particular category, (c) the removal of the designation of land on a published map. (2) The Environment Agency Head is to keep the categorisation of land under review and undertake an annual review of published maps. (3) The Environment Agency Head may re-categorise land if:
(a) there is an error in a published map, or (b) the Environment Agency Head obtains new or improved information about historical vegetation cover or land use for a particular landholding, or (c) in the case of category 2-regulated land that the landholder applies to be re-categorised as category 1-exempt land—the Environment Agency Head reasonably believes that the land has been lawfully cleared after the commencement of this Part in accordance with a property vegetation plan under the that remains in force, with an approval under Division 6 or with a development consent under the Native Vegetation Act 2003 or an approval under Part 5.1 of that Act (unless the land concerned is required to be re-vegetated under the conditions of any such approval or consent), or Environmental Planning and Assessment Act 1979 (d) the land is subject to a successful review or appeal of an existing categorisation or of a re-categorisation (and the re-categorisation gives effect to the decision on the review or appeal), or (e) the land is authorised to be re-categorised by a land management (native vegetation) code, or (f) the land is authorised to be re-categorised by the regulations. (4) The Environment Agency Head is required to re-categorise land if the status of the land changes so that:
(a) the land becomes (or ceases to be) an area that is excluded from the operation of this Part, or (b) the land is required to be designated as land of a different category. A change in the status of land that results in the land being excluded from the operation of this Part has effect when the status of the land changes, whether or not the land has been re-categorised by the Environment Agency Head.
(1) The relevant landholder may request the Environment Agency Head to review a decision relating to the categorisation or re-categorisation of land on a native vegetation regulatory map.
(1) The relevant landholder may appeal to the Land and Environment Court against a decision relating to the categorisation or re-categorisation of land on a native vegetation regulatory map.
(1) A person who clears native vegetation in a regulated rural area is guilty of an offence unless the person establishes any of the following defences:
(a) that the clearing is for an allowable activity authorised under Division 4 and Schedule 5A, (b) that the clearing is authorised by a land management (native vegetation) code under Division 5, (c) that the clearing is authorised by an approval of the Panel under Division 6, (d) that the clearing is authorised under section 60O (Clearing authorised under other legislation etc). Maximum penalty:
(a) for an offence that was committed intentionally and that caused or was likely to cause significant harm to the environment:
(i) in the case of a corporation—$5 million, or (ii) in the case of an individual—$1 million, or (b) for any other offence:
(i) in the case of a corporation—$2 million, or (ii) in the case of an individual—$500,000.
(1) The clearing of native vegetation in a regulated rural area is authorised without any approval or other authority under this Part if it is clearing carried out by or on behalf of the landholder in accordance with a land management (native vegetation) code under this Division.
(1) The Minister is responsible for preparing and making land management (native vegetation) codes under this Division.
(1) Before a land management (native vegetation) code is made, the proposed code is to be made publicly available for a period of at least 4 weeks. (2) During the period of public consultation, any person may make a written submission to the Minister on the proposed code. The Minister may (but need not) make publicly available the submissions made on the proposed code (or a summary of or report on any such submissions).
(1) Local Land Services may, on the application of a landholder, issue the following certificates:
(a) a certificate confirming that proposed clearing of native vegetation, by or on behalf of the landholder, of the kind set out in the certificate is compliant with the requirements of a specified land management (native vegetation) code (a voluntary code compliant certificate ),(b) a certificate for the clearing of native vegetation of the kind set out in the certificate that is required under a land management (native vegetation) code before the clearing is carried out under the code (a mandatory code compliant certificate ),(c) a certificate that authorises minor variations of a land management (native vegetation) code in its application to the landholding concerned of the kind set out in the certificate (an authorised code variation certificate ).(2) A certificate under this section may adopt relevant terms for the certificate that are prescribed by the regulations or the land management (native vegetation) code. (3) An authorised code variation certificate may be combined with a voluntary code compliant certificate or a mandatory code compliant certificate. (4) Local Land Services may vary the terms of a certificate under this section by notice in writing to the landholder. (5) Local Land Services may revoke a certificate under this section by notice in writing to the landholder.
(1) Local Land Services is to issue a voluntary code compliant certificate or a mandatory code compliant certificate for which a landholder has applied if satisfied that the proposed clearing will be clearing carried out in accordance with the relevant land management (native vegetation) code, and is to refuse to issue that certificate if not so satisfied.
(1) The Minister administering this Division and the Minister administering the may, by order published jointly in the Gazette, restrict the issue of mandatory code compliant certificates. Biodiversity Conservation Act 2016
(1) This section applies where a land management (native vegetation) code requires a set aside area for native vegetation on part of a landholding and clearing of native vegetation on any other part of the landholding is carried out in reliance on the authority conferred by the code. This section does not apply if the clearing of the native vegetation on a set aside area is carried out in accordance with an approval under Division 6. This section applies despite any authorisation to clear native vegetation for an allowable activity under Division 4 and Schedule 5A. (2) The land management (native vegetation) code is to contain the requirements for set aside areas under the terms of a mandatory code compliant certificate, including the characteristics of areas suitable to be set aside, the size of the area to be set aside, any re-vegetation or other management actions required or prohibited in the set aside area, when the area is to be set aside and the consent to the set aside of landholders or other persons with a specified interest in the area. (3) Clearing under the land management (native vegetation) code may not be carried out until the set aside area is registered on a public register of set aside areas maintained by Local Land Services in accordance with the regulations.
(1) The Minister is to establish a panel for the purposes of this Division, to be called the Native Vegetation Panel. (2) The Panel is to consist of the following 3 members appointed by the Minister:
(a) a Chairperson of the Panel, being a person with expertise in planning, public administration or social assessment, (b) a person with expertise in economics, agricultural economics or agricultural land production systems, (c) a person with expertise in ecology or the protection and conservation of biodiversity. (3) The Panel has the function of determining applications under this Division for approval to clear native vegetation.
(1) An application may be made to the Panel by or on behalf of the landholder for approval to clear native vegetation on land in any area of the State to which this Part applies. (2) The Panel may, in accordance with this Division, grant an approval to clear the native vegetation under this Division or refuse the application. (3) An approval for the clearing of native vegetation on any land may only be granted under this Division if the land comprises or includes category 2-regulated land. (4) An approval may only be granted under this Division if the land is being cleared for a purpose specified in the application for approval and:
(a) the land can be used for that purpose without development consent or State significant infrastructure approval under the , and Environmental Planning and Assessment Act 1979 (b) the clearing of the land is not part of an activity that is carried out by, or that requires the approval of, a determining authority within the meaning of Part 5 of that Act.
(1) An approval may only be granted under this Division if a biodiversity development assessment report in respect of the proposed clearing has been obtained by the applicant for that approval and provided to the Panel. (2) The Panel is to provide the Environment Agency Head with a copy of any biodiversity development assessment report that is submitted to the Panel in connection with an application for approval. (3) If the Panel decides to grant approval, the conditions of the approval must require the applicant to retire biodiversity credits to offset the residual impact on biodiversity values of the number and class set out in the report (subject to subsection (4)). The residual impact is the impact after the measures that are required to be carried out by the terms or conditions of the approval to avoid or minimise the impact on biodiversity values of the proposed clearing (being measures on which the report was based). Note— Division 6 of Part 6 of the enables a person who is required under this section to retire biodiversity credits to make a payment instead to the Biodiversity Conservation Fund of the value of the credits in accordance with the offsets payment calculator. Biodiversity Conservation Act 2016
(1) An application may be made to the Panel for the modification of an approval granted under this Division to clear native vegetation on any land. The application may be made by or on behalf of the landholder concerned.
(1) A landholder may appeal to the Land and Environment Court against a decision to refuse an application by the landholder for approval under this Division or for the modification of any such approval or against a decision to impose a condition of any such approval.
(1) Local Land Services is to maintain and make publicly available registers of the following ( public information registers ):
(a) aggregate information about notices given under section 60X (Notice to Local Land Services of clearing), (b) aggregate information about certificates under section 60Y (Certification by Local Land Services prior to clearing—general), (c) aggregate information about certificates under Schedule 5A to which section 60Y applies, (d) approvals (and any modification of approvals) granted under Division 6, (e) applications for approval (or for modifications of approvals) that have been refused and the reasons for the refusal. Aggregate information about notices or certificates is to be compiled on a regional basis and is not to identify the particular landholder who gave the notice or to whom the certificate was issued (or the address of the landholding concerned).
Note— This Part provides:
(a) for the management, and regulation of the use by travelling stock and persons, of travelling stock reserves that are fully controlled by Local Land Services, and (b) for regulation of the use by travelling stock and persons of travelling stock reserves that are not fully controlled but are managed by Local Land Services and of public roads.
(1) The Minister administering the may, by order published in the Gazette, withdraw the care, control and management of a travelling stock reserve from Local Land Services. Crown Lands Act 1989 (2) An order may be made only on the recommendation of the Minister administering this section.
(1) The Minister administering the is liable to pay compensation to Local Land Services for any improvements made to land comprising any part of a travelling stock reserve that is withdrawn from the care, control and management of Local Land Services. Crown Lands Act 1989
(1) Local Land Services may make an order (a closure order ):
(a) closing a controlled travelling stock reserve (or specified part of a reserve), or (b) suspending an entitlement or authority conferred by or under section 74 to use a controlled travelling stock reserve (or specified part of a reserve) for any recreational activity, or (c) suspending the operation of any permit issued under the in relation to the reserve (or part of any such reserve) except to the extent (if any) specified in the order. Biosecurity Act 2015
(1) An occupier of land may appeal to the Civil and Administrative Tribunal against a decision of Local Land Services to impose a condition or direct the making of any improvement under section 75. Note— An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the . A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act. Civil and Administrative Tribunal Act 2013
(1) An applicant for a permit may appeal to the Civil and Administrative Tribunal against a decision of Local Land Services to refuse to issue a permit. Note— An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the . A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act. Civil and Administrative Tribunal Act 2013 (2) The holder of a permit may appeal to the Civil and Administrative Tribunal against a decision of Local Land Services to cancel or suspend the permit.
(1) Local Land Services may impound any bees or beehives placed, or being kept, on a controlled travelling stock reserve if the bees or beehives have been placed, or are being kept, otherwise than in accordance with a reserve use permit issued by Local Land Services.
(1) The person in charge of any stock that are on any part of a public road or a travelling stock reserve must, if requested to do so by a prescribed officer:
(a) muster the stock at a specified place in the vicinity of that part of the road or reserve, and (b) allow the prescribed officer to inspect the stock, and (c) assist in counting the stock, and (d) provide the prescribed officer with such other assistance as the prescribed officer may reasonably require, and (e) except as provided by subsection (2), produce for inspection by the prescribed officer an appropriate permit in respect of the stock. Maximum penalty: 10 penalty units.
(1) The Minister administering the is liable to pay compensation for improvements made by a local authority or Local Land Services, as the controlling authority of a stock watering place, if the land on which the improvements are made is Crown land, or land acquired under section 135 of the Crown Lands Act 1989 for a stock watering place, that ceases to be, or to form part of, the stock watering place as a consequence of the revocation or variation of the order declaring the stock watering place. Crown Lands Act 1989
Note— The empowers persons appointed by Local Land Services (which is an impounding authority for the purposes of that Act) to impound and deal with animals (including pigs and deer) and articles in public places and places owned or under the control of Local Land Services if, in the case of animals, they are unattended or trespassing or, in the case of articles, they have been abandoned or left unattended. It also enables occupiers of private land to impound and deal with animals trespassing on their land, provides for the release of impounded animals and articles that are claimed by their owners and, if they are disposed of by sale, provides for the disposal of the proceeds of sale. Impounding Act 1993 This Part includes some provisions that complement or supplement the provisions of the . Impounding Act 1993
(1) An owner of stock that are to be transported by a vehicle on a road must:
(a) duly complete a transported stock statement in relation to the stock, and (b) if a person other than an owner is to transport the stock, make a copy of the statement, before the commencement of the transportation. Maximum penalty: 20 penalty units. Note— Section 122 requires records of transported stock statements to be retained. (2) If the owner of stock causes another person to transport the stock by vehicle on a road, the owner must provide the person in charge of the vehicle at the commencement of the transportation with a transported stock statement in relation to the stock before the commencement of the transportation. Maximum penalty: 20 penalty units.
(1) A person must not consign stock that are to be transported by any form of rail, water or air transport to another person (the consignee ) unless the person has provided the consignee with a duly completed transported stock statement in respect of the stock.Maximum penalty: 20 penalty units.
(1) There is constituted by this section a Stock Transportation Accreditation Committee. (2) The Accreditation Committee consists of 3 members of whom:
(a) one is to be a person nominated by the Secretary, and (b) one is to be a person nominated by the Commissioner of Police, and (c) one is to be a person nominated by the Livestock and Bulk Carriers Association Incorporated. (3) The member referred to in subsection (2) (b) is to be the Chairperson of the Accreditation Committee.
Note— This Part provides for the control on public and private land in the State of animals, birds, insects and other members of the animal kingdom that are pests.
(1) The Minister may, by order published in the Gazette:
(a) describe any land to which the order applies (the controlled land ), and(b) declare any non-human mammal or any bird, insect, amphibian, fish, reptile, arthropod, insect, mollusc, crustacean or other member of the animal kingdom to be a pest on the controlled land, and(c) impose or confer any one or more of the obligations or powers described in subsection (2) in relation to that pest on the controlled land. (2) A pest control order may:
(a) impose a general destruction obligation requiring the occupier of the controlled land to eradicate the pest by any lawful method or by a method specified in the order, or(b) impose a limited destruction obligation requiring the occupier of the controlled land to eradicate the pest by any lawful method or by a method specified in the order during specified stages of its development or life cycle, or(c) impose a notification obligation requiring the occupier of land to give Local Land Services notice of the presence of the pest on the land as soon as practicable after becoming aware of its presence, or(d) empower Local Land Services to serve an order in accordance with this Part on any occupier or owner (other than a public authority) of the controlled land requiring the occupier or owner to eradicate the pest by use of a method specified by Local Land Services in the order (an individual eradication order ), or(e) empower Local Land Services to publish an order in accordance with this Part requiring all occupiers of land within a region (or a specified part of a region) to eradicate the pest by use of any method specified by Local Land Services in the order (a general eradication order ), or(f) confer power on any authorised officer or class of authorised officers to take measures to carry out work on the controlled land to eradicate the pest, or (g) confer on Local Land Services the power to give approval (whether or not subject to any condition) for any person or class of persons to keep the pest in captivity on the controlled land, or (h) confer on Local Land Services a power to approve or order the use (whether or not subject to any condition) of a method of eradication of a pest other than a method (if any) that is specified in the pest control order, or (i) prohibit the administration of any substance specified in the pest control order to the pest, or (j) require Local Land Services to supply materials that have been provided to it for the eradication of the pest on controlled land free of charge to the occupier or owner of the land. (3) An order may specify a method of eradication to be used in relation to a pest on controlled land that involves application of a substance or thing from the air.
(1) An occupier or owner of land (other than a public authority) given an individual eradication order by Local Land Services may appeal to the Civil and Administrative Tribunal only on any one or more of the following grounds:
(a) that Local Land Services was not authorised to give the order, (b) that Local Land Services has failed to comply with the requirements of this Division in respect of the making of the order, (c) that the action required to be taken under the order to eradicate the pest concerned is inappropriate or likely to be ineffective or that Local Land Services has failed to consider the feasibility of alternative action, (d) that the period of time specified by the order for the taking of action is not reasonable. Note— An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the . A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act. Civil and Administrative Tribunal Act 2013 (2) The appeal must be made within 28 days or within the period specified by the order for taking action to eradicate the pest concerned, whichever is the lesser.
(1) An applicant for an approval under section 156 may appeal to the Civil and Administrative Tribunal against a decision of Local Land Services to refuse to give the approval sought. Note— An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the . A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act. Civil and Administrative Tribunal Act 2013
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(1) A person who, having been required under a provision of this Act or the regulations to provide information, fails without reasonable excuse to provide that information is guilty of an offence. Maximum penalty: 10 penalty units.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(1) The Minister is to review Part 5A and Schedules 5A and 5B to determine whether the policy objectives of those provisions remain valid and whether the terms of those provisions remain appropriate for securing those objectives.
(Sections 94 and 153)
(Section 200 (6))
(Sections 182 and 183)
(Section 60Q)
Note— Part 4 of this Schedule sets out special provisions that apply to category 2-vulnerable regulated land and category 2-sensitive regulated land etc. Part 5 of this Schedule sets out special provisions that apply to land subject to a private native forestry plan.
Note— Part 4 of this Schedule sets out special provisions that apply to category 2-vulnerable regulated land and category 2-sensitive regulated land etc. Part 5 of this Schedule sets out special provisions that apply to land subject to a private native forestry plan.
(Section 60ZE)